UNITED STATES DEPARTMENT
OF STATE
TIPS FOR U.S. VISAS:
Visitors - Business and Pleasure
Generally, a citizen of a foreign country who wishes
to enter the United States must first obtain a visa, either a nonimmigrant
visa for temporary stay, or an immigrant visa for permanent residence.
The "visitor" visa is a nonimmigrant visa for persons desiring
to enter the United States temporarily for business (B-1) or for pleasure
or medical treatment (B-2). Persons planning to travel to the U.S. for
a different purpose such as students, temporary workers, crewmen, journalists,
etc., must apply for a different visa in the appropriate category. The
consular officer can provide additional information. Travelers from
certain eligible countries may also be able to visit the U.S. without
a visa on the Visa Waiver Pilot Program. (See later in this document
for further details.)
QUALIFYING FOR A VISA
Applicants for visitor visas must show that they
qualify under provisions of the Immigration and Nationality Act. The
presumption in the law is that every visitor visa applicant is an intending
immigrant. Therefore, applicants for visitor visas must overcome this
presumption by demonstrating that:
-- The purpose of their trip is to enter the U.S.
for business, pleasure, or medical treatment;
-- That they plan to remain for a specific, limited
period; and
-- That they have a residence outside the U.S. as
well as other binding ties which will insure their return abroad at
the end of the visit.
VISA INELIGIBILITY/ WAIVER
The nonimmigrant visa application Form OF-156 lists
classes of persons who are ineligible under U.S. law to receive visas.
In some instances an applicant who is ineligible, but who is otherwise
properly classifiable as a visitor, may apply for a waiver of ineligibility
and be issued a visa if the waiver is approved.
APPLYING FOR A VISITOR VISA
Applicants for visitor visas should generally apply
at the American Embassy or Consulate with jurisdiction over their place
of permanent residence. Although visa applicants may apply at any U.S.
consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence.
Required Documentation
Each applicant for a visitor visa must pay a nonrefundable
US$45 application fee and submit:
1) An application Form OF-156, completed and signed.
Blank forms are available without charge at all U.S. consular offices;
2) A passport valid for travel to the United States
and with a validity date at least six months beyond the applicant's
intended period of stay in the United States. If more than one person
is included in the passport, each person desiring a visa must make an
application;
3) Two photographs 1 and 1/2 inches square (37x37
mm) for each applicant, showing full face, without head covering, against
a light background.
Optional Documentation
Applicants must demonstrate that they are properly
classifiable as visitors under U.S. law. Evidence which shows the purpose
of the trip, intent to depart the United States, and arrangements made
to cover the costs of the trip may be provided. It is impossible to
specify the exact form the evidence should take since applicants' circumstances
vary greatly.
Persons traveling to the U.S. on business can present
a letter from the U.S. business firm indicating the purpose of the trip,
the bearer's intended length of stay and the firm's intent to defray
travel costs.
Persons traveling to the U.S. for pleasure may use
letters from relatives or friends in the U.S. whom the applicant plans
to visit or confirmation of participation in a planned tour.
Persons traveling to the U.S. for medical treatment
should have a statement from a doctor or institution concerning proposed
medical treatment.
Those applicants who do not have sufficient funds
to support themselves while in the U.S. must present convincing evidence
that an interested person will provide support. Visitors are not permitted
to accept employment during their stay in the U.S. Depending on individual
circumstances, applicants may provide other evidence substantiating
the trip's purpose and specifying the nature of binding obligations,
such as family ties or employment, which would compel their return abroad.
ADDITIONAL INFORMATION
A person whose passport contains a previously issued
visitor visa should inquire about special expedited procedures available
at most consular offices for issuance of a new visitor visa.
Unless previously canceled, a visa is valid until
its expiration date. Therefore, if the traveler has a valid U.S. visitor
visa in an expired passport, he or she may use it along with a new valid
passport for travel and admission to the United States.
If there is a fee for issuance of the visa, it is
equal as nearly as possible to the fee charged to United States citizens
by the applicant's country of nationality.
Applicants for visitor visas should not find it
necessary to employ persons to assist them in preparing documents or
securing access to the U.S. consular office.
Attempting to obtain a visa by the willful misrepresentation
of a material fact, or fraud, may result in the permanent refusal of
a visa or denial of entry into the United States.
If the consular officer should find it necessary
to deny the issuance of a visitor visa, the applicant may apply again
if there is new evidence to overcome the basis for the refusal. In the
absence of new evidence, consular officers are not obliged to re-examine
such cases.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not
guarantee entry into the United States. The U.S. Immigration and Naturalization
Service (INS) has authority to deny admission. Also, the period for
which the bearer of a visitor visa is authorized to remain in the United
States is determined by the INS, not the consular officer. At the port
of entry, an INS official must authorize the traveler's admission to
the U.S. At that time the INS Form I-94, Record of Arrival-Departure,
which notes the length of stay permitted, is validated. Those visitors
who wish to stay beyond the time indicated on their Form I-94 must contact
the INS to request Form I-539, Application to Extend Status. The decision
to grant or deny a request for extension of stay is made solely by the
INS.
VISA WAIVER PILOT PROGRAM
Travelers coming to the U.S. for tourism or business
for 90 days or less from qualified countries may be eligible to visit
the U.S. without a visa. Currently, 26 countries participate in the
Visa Waiver Pilot Program: Andorra, Argentina, Australia, Austria, Belgium,
Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy,
Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand,
Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, and the United
Kingdom. Visitors entering on the Visa Waiver Pilot Program cannot work
or study while in the U.S. and cannot stay longer than 90 days or change
their status to another category.
FURTHER INQUIRIES
Questions on visa application procedures and ineligibilities
should be made to the American consular office abroad by the applicant.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Visa
Services
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